Business & Commercial Law
New Jersey Law Blog
Incapacity During Divorce Proceedings
Posted in Business & Commercial Law
If a person becomes incapacitated during a divorce proceeding, a guardian should be appointed by the Court in order to properly to govern the individual and their property. See Kingsdorf v. Kingsdorf, 351 N.J. Super. 144, 146 (App. Div. 2002). Continue reading
A Brief History of Land Title in New Jersey
Posted in Business & Commercial Law
Ever wonder who first held official title to what is now known as New Jersey? Although Native Americans were living here at the time, the British Crown originally laid claim to the lands in this state in 1663. In June 1664, King Charles II made a land grant to his brother, James, Duke of York, which included the lands in New Jersey. Three months later, the Duke of York conveyed his interest in these lands to his two friends and supporters, John, Lord Berkeley and Sir George Carteret. These gentlemen became the original proprietors of New Jersey Continue reading
Contesting a Will In New Jersey
Posted in Business & Commercial Law
It is an eventuality that virtually all of us will face sometime during our lives, the loss of a loved one. Whether this loved one is one of your parents, a sibling, a relative, or a friend, litigation may arise concerning the Probate of their Will in order to administer their Estate. Estate litigation is often emotional, costly and is similar in the emotions it evokes to that of a divorce proceeding. Continue reading
Commercial Landlords Beware: Questions To Ask Before Removing, Disposing or Returning Property Left By Tenants
Posted in Business & Commercial Law
Many commercial tenants are facing a severe downturn in revenue, which often equates to not paying their monthly rent. Sometimes, commercial landlords can work with a delinquent tenant by offering more favorable terms or concessions. Reduction in the cost per square foot or placing rental arrears on the backend of a lease can be solutions to keeping a store active by that tenant. However, sometimes legal action is required to protect a commercial landlord’s rights and value of the space. Continue reading
Disposition of Personal Property After A Divorce
Posted in Business & Commercial Law
The disposition of personal property located in the former marital residence is often overlooked in settlement discussions. This issue of who gets to keep the “comfy green couch” may seem trivial when you are in the midst of spending countless hours negotiating an alimony award or a complicated custody arrangement. However, without properly addressing this issue, it is very easy to get caught up “in the trees” and allow disagreements regarding personal property to stall further economic or custody negotiations. Continue reading
Unreimbursed Medical Expenses – Who Is Responsible For Payment?
Posted in Business & Commercial Law
The payment responsibilities of a child’s unreimbursed medical expenses is often an issue that does not receive a lot of attention during divorce litigation. However, as the cost of uncovered medical procedures have increased throughout the years, establishing each party’s financial responsibilities for these expenses is an extremely important element of reaching a final resolution of your case. Continue reading
Court Permits Construction Defect Litigation Suit to Continue Against Subcontractor
Posted in Business & Commercial Law
The New Jersey Superior Court recently found that under New Jersey law, when used properly, the fictitious party practice allows a plaintiff to join a specific subcontractor more than 10 years from the date of its work. Continue reading
Chapter 91 – Law Continues to Develop
Posted in Business & Commercial Law
On May 28, 2008, I discussed the HJ Bailey Company v. Neptune case where the Appellate Division held that the appeal preclusion provision under Chapter 91 does not apply to non-income producing properties. In the HJ Bailey case, the property in question was owner-occupied and did not generate any income over the preceding years. Continue reading
Chapter 91 Reasonableness Hearings – Good Luck
Posted in Business & Commercial Law
This blog continues the discussion on the draconian remedy under Chapter 91 of the New Jersey statutes which allows a municipality to dismiss a tax appeal in the event a property owner fails to respond to a request for income and expense information for a particular property. We also provided several updates, including some recent decisions concerning the obligation of a property owner to respond to a Chapter 91 request when the property in question does not produce any income. Continue reading
Redevelopment Plan – Amendments
Posted in Business & Commercial Law
Unlike a redevelopment area designation, which must be based upon substantial credible evidence in the record, there is nothing in the Local Redevelopment and Housing Law (LRHL) that requires the contents of a redevelopment plan to be based upon substantial evidence Continue reading
